Terms of Use
Kelly Nolan LLC's 10-Week
Bright Method™️ Program 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using The Bright Method 10-week program (hereinafter referred to as the “Program”). The Program and its content are owned by Kelly Nolan LLC.

If you have any questions about the Terms of Use, please contact Kelly Nolan at kelly@kellynolan.com before enrolling. Thank you.

This Agreement is entered into between you and Kelly Nolan LLC.

1. Definitions:

“Company”, "KN," “We”, “I”, “Our”, or “Us” means Kelly Nolan LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“Program” means the Bright Method 10-week program.

“You”, “Your”, “User” or “Client” means the purchaser and person using the Program.

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

3. Program Overview

A. Program Window

Your program start date and end date will be as set forth at the time of enrollment. Your program window is ten weeks from your start date, subject to extension by KN as described in Section 3D.

B. Program Structure

The Program includes the following:

1. Video lessons, with occasional worksheets and guides, to which you will have access for the life of the KN business. 
2. Once you've completed Chapters 1 and 2 of the program (~3 weeks of work depending on your pace), you can join live group Zoom sessions for the remainder of your Program Window so you can get live feedback, guidance, and support (recorded and accessible for two weeks following each call);
3. Email support from Kelly Nolan during your Program Window. A KN teammate might also respond to certain emails, such as helping you with a login issue or directing you to a lesson that might be relevant to your question instead of or before Kelly Nolan responds. To be clear, Kelly Nolan will support you with tailoring the method to you via email (and on calls) – this is just an effort to triage emails first to see if they can be solved with a tech fix or lesson first. 

C. Program Fit

In order to make sure the Program serves all people involved, KN reserves the right to inform you before or during the Program that the Program is not the right fit for you. If that happens, KN, in its discretion, will help you find another way to work with KN or offer you a full refund.

D. Call Rescheduling due to Kelly Nolan LLC's Availability

If KN needs to cancel a group call to accommodate a conflict, KN will extend your access by a comparable time (e.g., one week) to ensure you get the same number of calls as if the cancellation had not been made. For foreseeable conflicts (e.g., the week of Christmas, Kelly Nolan's travel), KN aims to provide notice of this before you enroll or soon thereafter so that you have ample notice. For unforeseeable conflicts (e.g., she or one of her children falls ill), KN will notify you of the cancelled call and your extended week as soon as possible.

You are welcome (and encouraged!) to email KN questions throughout your Program Window.

A KN teammate other than Kelly Nolan might respond to certain emails, such as helping you with a login issue or directing you to a lesson that might be relevant to your question instead of or before Kelly Nolan responds. To be clear, Kelly Nolan will support you with tailoring the method to you via email (and on calls) – this is just an effort to triage emails first to see if they can be solved with a tech fix or lesson first. 

KN aims to respond within 48 hours, excluding weekends and holidays.

Messages sent after 3pm CST will typically be responded to the following business day or the next.

F. Confidentiality

Part of our work together may become very personal. Please know that, unless you give permission otherwise, KN will do its utmost not to disclose our working relationship or information KN acquires during the Program in a manner that could be tied to your identity, unless as required by law or where a situation poses harm to KN or to others.

KN also strives to foster a safe and confidential space within the Program. You agree to keep confidential the names of the other participants in the Program and the information they share during the course of the Program. If you do not, KN reserves the right to remove you from the Program without a refund.

That said, KN cannot be held responsible for actions taken by other Program participants within or outside of the Program.

G. Additional One-On-One Support

KN strives to support you in significant ways throughout the Program (including email support and on group calls) without you needing to invest further in one-on-one sessions.

However, if you would like live one-on-one support via a 1:1 Zoom call, you have the option to purchase one-on-one sessions with Kelly Nolan at a rate of $400/hour. You may schedule these sessions via the link in the Program Kajabi portal. 

When you make such an appointment, KN reserves that time for you and forgoes the ability to meet with other clients or give a presentation to an organization during that time. You may, therefore, reschedule these sessions up to 24 hours ahead of the start time. If you cancel or reschedule the appointment within 24 hours of the appointment, KN will retain 50% of the fee. It is in KN's sole discretion to waive this fee.

 

4. DISCLAIMER:

By participating in the Program, you understand that Kelly Nolan is a time management strategist. Kelly Nolan is not a medical doctor, psychologist/psychiatrist, financial advisor and/or currently practicing attorney.

While Kelly Nolan is a non-practicing attorney, you understand that Kelly Nolan is not your attorney.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.

5. Assumption of the Risk

You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.

6. Intellectual Property Ownership:

The Program and its content, including, but not limited to, the time management system and strategies taught herein, the video lessons of the Program, the guides, the worksheets, and AI-related markdown files and guidance within the Program are intellectual property owned by Kelly Nolan and Kelly Nolan LLC. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property to you.

Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Kelly Nolan LLC.

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.

In light of the difficulties in estimating the damages if you do share or teach this material to any other person, you agree to pay KN liquidated damages of $2,997 (the full cost of this program) per person with whom you share KN's time management method or any part thereof, directly or indirectly.

Protecting KN’s Intellectual Property Rights from ChatGPT and Other AI Tools

It remains unclear how ChatGPT and other AI tools use the information fed into it, and there is a risk of any information fed into it being made available to the general public via these platforms.

You agree not to share the content of the Program or KN's strategies with ChatGPT, Claude, or other AI tools to protect KN's intellectual property rights unless otherwise directed by KN. If you have any questions about this, please reach out to Kelly Nolan at kelly@kellynolan.com.

7. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

8. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business or career, business or career decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.

9. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

10. Your Release of Us, Indemnification, Hold Harmless: 

To the fullest extent permitted by law, Kelly Nolan LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Kelly Nolan LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Kelly Nolan LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Kelly Nolan LLC as stated in this section herein.

11. Our Refund Policy:

A. LIMITED REFUNDS:

We will do everything within our ability (and within reason) to ensure your satisfaction. If you're unhappy with the program within seven days of your purchase, email support@kellynolan.com within those seven days, and KN will refund your full investment. I'm confident in this program, and I want you to be as well.

After that time, KN does not offer any refunds for this Program.

KN is committed to helping you make the Bright Method work for you, so please always reach out so KN can help you personalize the system to your needs and preferences.

B. NO CHARGEBACKS:

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.

12. Termination

Both parties have the right to terminate services at any time. If you terminate the services outside of the refund period addressed above, you remain responsible for the full cost of the program. If KN terminates the relationship, she will provide you with a refund for any part of the program not completed that otherwise has been paid for in advance.

13. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Kelly Nolan at kelly@kellynolan.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kelly Nolan and Kelly Nolan LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Minneapolis, Minnesota, USA.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Minnesota. The only award that can be issued to you is a refund of any payment made to Kelly Nolan LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

14. Limitation of Liability:

Kelly Nolan and Kelly Nolan LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. 

15. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS

 A. General Payment Terms:

You understand that the cost of the Program is $2,997 (or five payments of $599 - one now, and the remaining $599 installments automatically every 30 days; or nine payments of $333 - one now, and the remaining installments of $333 automatically every 30 days; or if you received a partial scholarship, five payments of $200 - one now, and the remaining $200 installments automatically every 30 days).

When you pay for the Program by credit card, you authorize and give permission to Kelly Nolan LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchants, e.g., Stripe, Kajabi, Apple Pay, or Google Pay (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours.  Kelly Nolan LLC is not responsible for the merchant’s independent policies or practices.

B. Payment Plan Terms / Failed Payment Procedures:

Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged 30 days apart for 5 or 9 months, depending on your payment plan selection, to complete your total payment.

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Kelly Nolan LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

 By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

C. Failed Payment Plan Payments / Re-charge procedures:

By signing up for the payment plan, your card will automatically be re-charged 30 days apart for your remaining payments. Please plan accordingly.

In the event that your Payment Plan payment is not successfully made on your due date, third-party payment processors (e.g., Stripe, Kajabi) will notify you of the issue and automatically re-charge your credit card after 4-7 days to make your payment for the Program. If payment continues not to be successful, your credit card will automatically be re-charged approximately 3-5 more times with 4-7 days between attempts.

If at the end of the series of automatic re-charges by payment processors, payment has still not been successful, your access to the Program will be suspended and you will not be able to access the Program at all until you successfully complete your payment. No refund will be given.

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.

16. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

17. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

18. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Minnesota. Any action brought by any party arising out of or from these Terms shall be brought within Hennepin County, Minnesota.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Kelly Nolan at kelly@kellynolan.com. Thank you.